I am on F1 student visa from India. I came to US in 2004 and by 2009 my stay in US completed 5 years. Till last year I was filing 1040NR-EZ. I have permanent home address in India and have closer connection to my home country. In March 2009, I got married in India and my wife came to US on student dependent F2 visa in July 2009. I have few questions regarding tax filing. I get student stipend less than $20K per annum.

1. Am I Resident Alien or Non-Resident Alien?
2. If Resident Alien which form should I file?
3. Should I file "Married filing jointly" or can I file "Married filing separately"?
4. If filing jointly-- My wife doesn't have SSN. So should she apply for ITIN through W7 form?
5. If filing separately--My wife doesn't have any income for 2009. So should she file tax returns at all?
6. Are there any benefits that I can claim being a student from India and married?

Thanks a lot,
Kalyan

1. Resident alien
2. Form 1040
3. Your choice. Normally joint return is better.
4. Attach W-7 with your tax return.
5. No
6. No, since you are resident.